What is a Section 54 search?
Detainees are searched under section 54 Police and Criminal Evidence Act, 1984 (PACE) to ascertain the property a detainee has in their position so that it can be recorded as required under PACE. The extent of a section 54 search is determined by the custody officer.
What happens if a police officer doesn’t follow pace?
What happens when the police fail to adhere to PACE and its Codes? Additionally, any evidence obtained by the police in relation to the investigation of any criminal offence where they have failed to adhere to PACE, can be deemed inadmissible in court thus harming the case against the defendant.
Who Authorises an intimate search?
Police officers can carry out an intimate search without consent. A doctor or other healthcare professional can carry out an intimate search but needs ‘valid’ and informed consent to do so. Intimate searches can be carried out in a police station.
What is a Section One search?
Section 139B Criminal Justice Act 1988 Where a constable has reasonable grounds to suspect that a bladed or pointed article or offensive weapon is on school premises, they may search the premises and any person on them for any such article or weapon.
Can you search someone at a police station?
A police officer who has reasonable grounds for suspicion can stop and detain you in order to conduct a search. The detention may only last for as long as it is reasonably required to permit a search. Reasonable force may be used if you are first given the opportunity to cooperate and then refuse.
What is a Section 32 search?
Section 32 covers the situation where the police have arrested a person and wish to search those premises on which he has been arrested or in which the person was immediately before the arrest.
What is the Police Act 1997 section 50?
An Act to make provision for the National Criminal Intelligence Service and the National Crime Squad; to make provision about entry on and interference with property and with wireless telegraphy in the course of the prevention or detection of serious crime; to make provision for the Police Information Technology …
Can the police enter my house without permission?
In general the police do not have the right to enter a person’s house or other private premises without their permission. However, they can enter without a warrant: when in close pursuit of someone the police believe has committed, or attempted to commit, a serious crime, or. to enforce an arrest warrant, or.
What does section 117 Pace mean?
Police and Criminal Evidence Act
Section 117 Police and Criminal Evidence Act (PACE) permits the use of reasonable force in exercising any power under PACE unless it specifically requires the consent of a person who is not a Police Officer. As with the domestic legislation, officers are accountable for any force they use.
What happens if an officer needs to carry out an intimate search?
If you resist being searched in any of the circumstances described above, the police officer can arrest you. You can then be searched (using force if necessary). However, intimate searches, for example, an internal search, requires a warrant.
What is Section 60 stop and search?
Unlike other types of stop and search, section 60 allows police officers to stop and search individuals in a given area for a set time without needing reasonable grounds to suspect they’ve committed a crime.
Who can Authorise a Section 60 search?
Acting or Temporary Inspectors / Superintendents (correctly authorised) / Chief Officers can all give a spontaneous authorisation under Section 60, the same as if they were of substantive rank.
Can a custody officer use S54 ( 6A ) for search?
54 (6A) is not limited to custody officers. S54 used to cover only custody officer powers and includes search powers at s54 (6). The addition of S54 (6A) is unnecessary for custody officers as they already have sufficient search powers without it.
Who is to be informed under Section 54 of Criminal Procedure Code?
A District Magistrate is to be informed of apprehensions of persons by Police in exercise of their powers under Section 54, Criminal Procedure Code while a Sessions Judge has to be kept informed by Magistrates who allow remand of person for the purpose of investigation beyond a period of 24 hours.
When does a custody officer need to search a person?
(6) Subject to subsection (7) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose.
Why are police making arrest under Section 54 and 55?
“Police making arrest under Section 54 and 55 of the Code do not give information to the family members of the persons arrested, therefore, they remain unaware about the whereabouts of the detenee.” The issue already have examined by the Commission in its Report No. 17 and proposed some amendments in the Cr.P.C.